[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Pages 24665-24666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09804]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules
and Regulations
[[Page 24665]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2012-0075]
Gypsy Moth Generally Infested Areas; Additions in Wisconsin
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the gypsy moth regulations by adding areas in
Wisconsin to the list of generally infested areas based on the
detection of infestations of gypsy moth in those areas. As a result of
this action, the interstate movement of regulated articles from those
areas is restricted. This action is necessary to prevent the artificial
spread of the gypsy moth to noninfested areas of the United States.
DATES: This interim rule is effective April 26, 2013. We will consider
all comments that we receive on or before June 25, 2013.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2012-0075-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2012-0075, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2012-
0075 or in our reading room, which is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Julie S. Spaulding, National
Manager, Plant Health Programs, Plant Protection and Quarantine, APHIS,
4700 River Road, Unit 137, Riverdale, MD 20737; (301) 851-2184.
SUPPLEMENTARY INFORMATION:
Background
The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest
of forest, shade, and commercial trees such as nursery stock and
Christmas trees. The gypsy moth regulations (contained in 7 CFR 301.45
through 301.45-12 and referred to below as the regulations) restrict
the interstate movement of regulated articles from generally infested
areas to prevent the artificial spread of the gypsy moth.
In accordance with Sec. 301.45-2 of the regulations, generally
infested areas are, with certain exceptions, those States or portions
of States in which a gypsy moth general infestation has been found by
an inspector, or each portion of a State that the Administrator deems
necessary to regulate because of its proximity to infestation or its
inseparability for quarantine enforcement purposes from infested
localities. Less than an entire State will be designated as a generally
infested area only if: (1) The State has adopted and is enforcing a
quarantine or regulation that imposes restrictions on the intrastate
movement of regulated articles that are substantially the same as those
that are imposed with respect to the interstate movement of such
articles; and (2) the designation of less than the entire State as a
generally infested area will be adequate to prevent the artificial
interstate spread of infestations of the gypsy moth.
Designation of Areas as Generally Infested Areas
Section 301.45-3 of the regulations lists generally infested areas.
In this rule, we are amending Sec. 301.45-3(a) by adding the following
areas to the list of generally infested areas in Wisconsin: Bayfield,
Clark, Jackson, and Price Counties, and all areas in Ashland County not
already listed as generally infested areas. As a result of this rule,
the interstate movement of regulated articles from these areas will be
restricted.
We are taking this action because, in cooperation with the State of
Wisconsin, the United States Department of Agriculture conducted
surveys that detected multiple life stages of the gypsy moth in the
areas to be added. Based on these surveys, we determined that
reproducing populations exist at significant levels in these areas and
that eradication is not feasible. Adding these areas to the existing
generally infested areas in Wisconsin will help prevent the artificial
spread of the gypsy moth.
Miscellaneous
In addition to the substantive changes described above, we are
making some editorial changes to Sec. 301.45-1. The program aid
``Don't Move Gypsy Moth'' referenced in the definition for OHA document
has been updated. As a result, we are changing the Program Aid Number
from 1329 to 2065. In addition, we are revising footnote 2 in the
definition of Treatment manual to update the link to the Gypsy Moth
Program Manual. We are changing the URL to http://www.aphis.usda.gov/import_export/plants/manuals/domestic/downloads/gypsy_moth.pdf.
Emergency Action
This rulemaking is necessary on an emergency basis because of the
possibility that the gypsy moth could be artificially spread to
noninfested areas of the United States, where it could cause economic
losses due to the defoliation of susceptible forest and shade trees.
Under these circumstances, the Administrator has determined that prior
notice and opportunity for public comment are contrary to the public
interest and that there is good cause under 5 U.S.C. 553 for making
this rule effective less than 30 days after publication in the Federal
Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
[[Page 24666]]
Executive Order 12866 and Regulatory Flexibility Act
This interim rule is subject to Executive Order 12866. However, for
this action, the Office of Management and Budget has waived its review
under Executive Order 12866.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. The full analysis may be viewed on the
Regulations.gov Web site (see ADDRESSES above for instructions for
accessing Regulations.gov) or obtained from the person listed under FOR
FURTHER INFORMATION CONTACT.
The State of Wisconsin has expanded the intrastate quarantine to
include Ashland, Bayfield, Clark, Jackson, and Price Counties. This
rule similarly expands the federally regulated area. Regulated articles
moved from gypsy moth quarantined areas are subject to inspection and
certification to prevent spread of this pest.
Fifty-eight entities will be directly affected by this expansion of
the quarantine area: 4 mills, 21 logger/hauler/yard operations, 31
Christmas tree growers, and 2 nurseries. We expect that most if not all
of these businesses are small according to Small Business
Administration size standards. The impact of this interim rule will not
be significant. Businesses with compliance agreements can self-inspect
regulated articles moved from quarantined areas. Many of the entities
are already operating under compliance agreements. Businesses without
compliance agreements can have inspection and certification services
provided by State or Federal officials at no cost.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Section 301.75-15 issued under Sec. 204, Title II, Public Law
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400
(7 U.S.C. 1421 note).
0
2. Section 301.45-1 is amended by revising the definition of OHA
document and footnote 2 in the definition of Treatment manual to read
as follows:
Sec. 301.45-1 Definitions.
* * * * *
OHA document. The self-inspection checklist portion of USDA-APHIS
Program Aid Number 2065, ``Don't Move Gypsy Moth,'' completed and
signed by the owner of an outdoor household article (OHA) affirming
that the owner has inspected the OHA for life stages of gypsy moth in
accordance with the procedures in the program aid.
* * * * *
Treatment manual. * * * \2\
* * * * *
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\2\ The Gypsy Moth Program Manual may be viewed on the Internet
at http://www.aphis.usda.gov/import_export/plants/manuals/domestic/downloads/gypsy_moth.pdf.
0
3. In Sec. 301.45-3, paragraph (a), under the heading Wisconsin, the
entry for Ashland County is revised and new entries for Bayfield
County, Clark County, Jackson County, and Price County are added in
alphabetical order to read as follows:
Sec. 301.45-3 Generally infested areas.
(a) * * *
Wisconsin
* * * * *
Ashland County. The entire county.
Bayfield County. The entire county.
* * * * *
Clark County. The entire county.
* * * * *
Jackson County. The entire county.
* * * * *
Price County. The entire county.
* * * * *
Done in Washington, DC, this 18th day of April 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-09804 Filed 4-25-13; 8:45 am]
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